John A. Birdsall

• Member of State Bar Board of Governors, 2014-2018
• U.S. Supreme Court
• Northern, Eastern, and Southern Districts of New York, U.S. District Courts
• Menominee Indian Tribe, Supreme Court
• Eastern and Western Districts of Wisconsin, U.S. District Courts
• U.S. Court of Appeals, 7th Circuit
• Member, Rotary Club
• Member, National Association of Criminal Defense Lawyers
• Member, New York City Bar
• Member, New York State Bar
• President of the Wisconsin Association of Criminal Defense Lawyers, 2004-2006
• Member and Chair of the Criminal Law Section of the State Bar of Wisconsin, 1994-2019

• Not Guilty of First Degree Reckless Homicide; Was a DNA "cold case" that occurred 20 years earlier.  I used a DNA expert and cross examination of the state's witnesses to demonstrate that many others could have been responsible for this strangulation homicide, 2009

• 2009 - Present; Volunteer attorney at the Milwaukee Rescue Mission - the largest homeless shelter in the city.  I also host an annual fundraiser for the Mission every year to raise money to help it continue to serve our most vulnerable population, 2020

• Highest available rating for lawyers from Martindale-Hubbell, AV Rated, Martindale-Hubbell
• A prize that is only awarded for a not guilty verdict a homicide case., Martin Hanson Advocate Prize, Wisconsin Association of Criminal Defense Lawyers, 2009

• Attended and graduated from the Trial Lawyers College in Dubois, Wyoming run by famed trial lawyer Gerry Spence.  It's a unique training that emphasizes telling your client's story through expressive means in court. Much of that involves introspection by the lawyers as to what their own story is. This incredibly powerful technique has produced fantastic results for many of my clients, 2015

“John is the hardest working lawyer that I know. He devotes his entire life to his work and is a tireless advocate for his clients. He is an excellent role model as the manager of the firm.”

“For the last ten years Attorney John A. Birdsall, president of Birdsall Law Offices, S.C. (now Birdsall Obear & Associates), has committed his time to addressing a constitutional crisis in Wisconsin—a crisis that is impacting indigent defendants and private criminal defense attorneys statewide. This crisis revolves around the compensation rate for private State Public Defender appointments. Wisconsin’s compensation rate of $40 an hour is the lowest in the nation, and is producing a result inconsistent with the Constitution. A rate of $40 dollars an hour does not even cover overhead costs for the majority of attorneys, and as such private attorneys cannot financially afford to take State Public Defender appointments. The State Public Defender’s office appoints private criminal defense attorneys for several reasons. Perhaps there is an internal conflict in the local office, or maybe the SPD office simply does not have the man power to handle the caseload in their county. Whatever the reason, criminal defendants are often left sitting in jail for weeks awaiting counsel, or as we have seen in some counties, forced to proceed to critical court proceedings without counsel. Attorney Birdsall initiated a coalition of noted Wisconsin lawyers, judges, and bar leaders in order to take action on this issue. The coalition includes two former Supreme Court of Wisconsin Justices, the entire leadership of the State Bar of Wisconsin, noted law professors, and numerous high profile leaders of the legal community from all ends of the political spectrum whose joint interest is to urge the Supreme Court to take action where the legislative branch has failed to do so for nearly 40 years. Specifically, the coalition asked the Supreme Court of Wisconsin to raise the appointed counsel hourly compensation rate and ban the practice of capping compensation regardless of the time needed to provide effective representation. With the direction and approval from Attorney Birdsall, the coalition filed a Supreme Court Petition in May of 2017. The petition called on the Supreme Court of Wisconsin to amend the Supreme Court rule that sets the compensation rate, and to increase the rate for appointed defense attorneys. The Supreme Court of Wisconsin conducted a public hearing on May 16, 2018. At that hearing, Attorney John A. Birdsall and Attorney Henry R. Schultz presented the petition to the court—a presentation that led the Supreme Court to amend the rule to increase the court appointment rate from $70 to $100 an hour. This victory, although major, was not the end of the road as the Supreme Court held that it could not make a ruling on the SPD appointment rate, as the power to do that rested with the respective counties. As such, Attorney Birdsall started on his latest mission—drafting a legislative bill that will restructure the State Public Defenders office and provide adequate pay for attorneys and therefore providing better representation for indigent defendants statewide. The fight for justice has also recently lead Attorney Birdsall to work with NACDL (National Association of Criminal Defense Lawyers) to work on Habeas Petitions in hopes to help indigent defendants who have been sitting in pretrial custody waiting for an attorney to be appointed. Although Attorney Birdsall’s efforts and achievements regarding the appointment compensation rate and fight for better representation are to be recognized, they are just some of the things he has accomplished. For the last seven years, Attorney John A. Birdsall has also worked closely with the Milwaukee Rescue Mission, a non-profit organization in Milwaukee, Wisconsin. The Milwaukee Rescue Mission provides homeless men, women, and children with emergency aid such as food, shelter, and clothing, as well as long term assistance. The Milwaukee Rescue Mission also operates rehabilitation programs that include education, job training, addiction recovery, and life-skills classes. Seven years ago, Attorney John. A. Birdsall started going to the Milwaukee Rescue Mission and offering free legal assistance to those individuals who were struggling not only with homelessness, but with legal issues as well. Starting off small, this legal clinic became a staple at the Milwaukee Rescue Mission and now employs the help of several other attorneys. In addition to starting a pro-bono legal assistance program, Attorney Birdsall also holds an annual fundraiser for the Milwaukee Rescue Mission as the organization solely runs on private donations. Outside of advocating for and defending the rights of the indigent and providing legal assistance to the homeless, Attorney Birdsall continues to be a zealous advocate for all of his clients. ”

“I have worked for John for the past three years: one as a law clerk and two as an attorney. He is dedicated to each and every one of his clients regardless of their charges. He consistently thinks of creative ways to attack the state's case and always puts them to their burden. He commands the courtroom during trials and will stop at nothing to achieve the best results for his clients.”